Clara Nunes como obra de arte: a epistemologia das ciências humanas a partir da cultura musical

The thesis has its largest array in the reorganization of science that is built from the middle of the last century and its horizon reconnection between scientific culture and humanistic culture, and the dialogue between science, art and literature. This epistemological regeneration view of the scientific paradigm incorporates the poetic language and sociological analysis, and brings out a complex, open and transdisciplinary narrative. To undertake this exercise as interlocutors we have thinkers like Nietzsche, Lévi-Strauss, Edgar Morin and Bruno Latour, to name a few, and as a reference for analyzing the entire artistic production of one of the icons of Brazilian music, Clara Nunes. It is problematized up in this work, through the singer s discography, lyrics and fragments of her biography, the construction of a social character that politicized culture, increased the mestizo consciousness of popular imagery, and exceeded the excessively prosaic narratives of the academic and scientific culture. The central argument of the thesis recognizes a Hybrid Subject Clara Nunes, as indeed is what is expected of the politically engaged intellectual in the 21st century

A construção de um estilo de vida: família e relações de gênero na participação do projeto ético-político renovado

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Do controle de constitucionalidade dos atos jurisdicionais transitados em julgado

The following study aims to verify in which hypothesis res judicata, when it comes of an unconstitutional decision, shall not prevail over Constitution. It displayed the characteristics of formal and material constitutional systems. It debated the concepts of existence, validity and efficacy of juridical rules and acts. It dissertated about the idea of Constitution s superiority and about the birth of the judicial review of constitutionality. It focused some contemporary models of this judicial review and its historical evolution in Brazil, showing its effects towards the current Constitution. It sustained that the decision given by Supremo Tribunal Federal during abstract control of rules must bind even legislative bodies, preventing them to produce the same rules previously declared unconstitutional. It held up that all parts of the decision of Supremo Tribunal Federal oblige, even the juridical arguments employed, in both diffused and concentrated reviews. It showed that, despite these models of review live together in Brazil, our constitutional system preferred the concentrated one, considering one only court over the other constitutional organs. It discussed about res judicata with the purpose of clarifying its juridical nature, its objective and subjective limits and its regulation in collective demands. It explained that the material res judicata is an effect of a decision which cannot be reviewed, which makes the law s will free of discussion, binding the contendants and avoiding that other courts, judging future demands about the same object, may decide differently. It showed how the regulation of res judicata in collective demands, in respect oh their subjective limits, is useful to demonstrate that it is not the material law who must adapt itself to res judicata as traditionally thought, but res judicata, as a warranty of juridical certainty and security, who must be shaped from the debated rule. It presented to view the main doctrinal conceptions about res judicata s review in the hypothesis of unconstitutional judgement. It concluded that the decisions forged by unconstitutional rules or interpretations reputed not compatible to the Constitution by Supremo Tribunal Federal, in spite of it can make res judicata, may be reviewed beyond the term to file a recissory claim, since while the debated law is still valid, no matter if its decision was before or after the res judicata. At the end, it asserted that, when it is not legally authorized, the judicial review of res judicata is not admissible, after the term to file a recissory claim, under the argument that there was no direct violation to the constitutional principle or rule

A boa-fé objetiva na concessão dos incentivos fiscais / Humberto Antônio Barbosa Lima

This essay analyzes tax incentives concepts and existing discussions on national and foreing doctrine, especially in countries that influence our legal culture, such as Germany, United States of America, Spain, Italy and England, providing a detailed study about the requirements that must be observed to ensure that there be a legitimate concession of the same. All this using as argument the Constitutional Charter and the development of the Law, mainly through the principle of objective good faith, which acts as the limiting principle of administrative discretion in granting such tax incentives, as well as creative element of the new duties for the public managers in order to be more effective, efficient and transparent compliance with the pact between the government and society and the objectives pursued by the last. Always chasing a strong argument through a broad historical and philosophical analysis of the institutes discussed. Thus, through studies that reveal the necessary incidence of objective good faith in granting tax incentives to achieve the constitutional purposes, this work does not merely disclose what is wrong, but provides solutions to modify reality hitherto existing, ie, introduces ways to reduce the encumbrance of the odious and ineffective tax incentives in society and to redirect these values unjustly destinated for obscure interests to achieve the real reasons for the existence of tax incentives, especially economic development through the reduction of regional and social inaqualities and poverty eradication

Animais não humanos: a construção da titularidade jurídica como novos sujeitos de direito

This work has the main goal on the recognition of the inherent value of nonhuman animals, under the constitutional framework. It is presented the main philosophical formulations of the current pattern of behavior that rules the relationship between man and animals: first those that have excluded animals from moral consideration and then the thinkers which do have included, in some way, in order to elucidate the origin of the anthropocentric thought over the natural world. In this way, the analysis these thinkers that have included animals in moral consideration will contribute to a paradigm change from the anthropocentric view, initiating legal debates. It will be made a simplified analysis of different philosophical and legal points of view that have been demonstrating the posture in which the human beings have been dealing with the environment, with the replacement of the anthropocentric thinking for the biocentric view, in which life becomes the center of existence. Life is life, no matter whether it is human or not, has a value in itself, and must be protected and respected by the legal system. Then, it will be analized the constitutionalization of the nonhuman animal dignity in comparative law; the infraconstitutional legislation which concerning the intrinsic value of all life forms and, finally, the 1988 Constitution. It will be advocated for non-human animals the condition of subjects, presenting some cases that the Habeas Corpus was used in animal defense. In this new Brazilian Habeas Corpus theory of for apes the argument of genetic proximity was used in order to overcome the literal meaning of natural person to achieve hominids in order to assure the fundamental right of physical freedom. It is realized that the fact that the great apes being recognized as a person does not preclude the possibility of other living beings be recognized as subjects of law. In this way, animals can be considered non-human subjects of law, according to the theory of depersonalized entities and may enjoy a legal category that allows a respect for existential minimum, and can hold constitutional fundamental rights

As sanções políticas, mecanismo de intervenção do estado na ordem econômica e tributária

This work pursues to analyze the sanctions of restrictive nature, which are characterized by impeding the business of the contributor in debt. Such sanctions known as political sanctions, are truly understood as an indirect way of tax enforcement, liable to cause problems to the private entity in curtailing, the initiative freedom, opposing the Article 5°, item XIII and Article 170, single paragraph of CF/88. As the State gets the several means to assure the economic order effective performance, it is up to the State to restrain the economic power abuse that objects to the marketing domination, to the ending of competition, and arbitrary increasing of profits (CF Article 173, § 4ª.) Therefore, it depends on the state, besides maintaining the economic order, to ensure a fair distribution of tax burden and act under the command of the Democratic State of Law principles. In order to make the tax collection effective, specific in some cases, the administrative fiscal agent uses coercive, excessive, and institutional, in imposing sanctions which causes constraint, maculating the contributor s essential rights, that matters of the necessity to force the tax credit ending. The principle of the free initiative and free competition, which are intended to be analyzed in this study, comes from a constitutional context and it will be reviewed in its systematic relations and with another rules, in order to evidence, at the end, the occurrence of an intervention towards the economic order when the State makes do of political sanctions as a tool for the tax credit effectiveness, infringing the Tax and Constitutional principles

Guerra contra as drogas: uma análise sob a perspectiva do princípio da proporcionalidade

As substâncias entorpecentes acompanham a humanidade desde o início da civilização. No entanto, várias delas foram consideradas proscritas ao longo do tempo. Seu combate foi inaugurado na comunidade internacional a partir do começo do século XX. No início, tinha o condão eminentemente moral, porquanto a proibição encerrava, por princípio, a proteção da ética ameaçada pelo padrão desviado do consumo de estupefacientes. Na década de 1970, a guerra contra as drogas, expressão cunhada nesse período, evoluiu para se tornar o meio pelo qual o consumo seria mitigado. Dez anos mais tarde, ante à impossibilidade de sucumbir o narcotráfico, passou a ser um fim em si mesma o novo argumento para os esforços militares dos Estados Unidos da América. A criminalização das substâncias entorpecentes consideradas ilícitas é fundamento jurídico da guerra contra as drogas. Esse modelo proibicionista encontra argumento no direito penal do inimigo, segundo o qual o Estado pode, em situações que exponham a coletividade a grave perigo, negar à determinada categoria de criminosos (os inimigos) as garantias inerentes ao direito penal, cabendo-lhes apenas a coação estatal. Mesmo tendo consumido trilhões de dólares, encarcerado aos milhões e custado a vida de milhares de pessoas, pode-se dizer que a guerra contra as drogas não reduziu a oferta e o consumo de substâncias entorpecentes consideradas ilícitas, nem mitigou os danos delas decorrentes pelo contrário, tornou-se um problema de segurança pública. Assim, impõe-se a verificação da constitucionalidade da norma penal que fundamenta a guerra contra as drogas, sob ponderação do princípio da proporcionalidade. Referido postulado cobra que a norma seja adequada, cumprindo a finalidade pretendida, necessária, não havendo meio menos gravoso à obtenção do mesmo fim, e proporcional, estrito senso, que a sanção imposta ao indivíduo seja equivalente ao dano que se quis prevenir. Em matéria penal há de se incluir um outro elemento, a ponderar se as consequências da proibição em matéria penal, por si só, são mais graves que os consectários dos fatos que se pretendem proibir - exige-se que a lei seja socialmente menos ofensiva. A norma penal que fundamenta a guerra contra as drogas não se mostrou hábil a mitigar os danos sociais delas decorrentes sendo, por isso, inadequada. Existem meios alternativos à criminalização mais eficientes à esse objetivo, pelo que se faz desnecessária. Na medida em que estupefacientes mais nocivos à coletividade são considerados lícitos, a criminalização de drogas menos danosas se mostra desproporcional. E, uma vez que dela resultam graves danos à sociedade, não atende ao critério da menor ofensividade social. É, portanto, inconstitucional

A cor ausente: um estudo sobre a presença do negro na formação de professores - Pará, 1970 1989

The subject of study of this work is the teacher spawning of the Instituto de Educação do Pará in the decades of 1970 and 1980. It aims the enablement offered by the institute concerning the racial issue. The thesis highlights the inferior condition to which the black student is relegated and the discrimination it suffers. Our argument is to affirm the omission of the curriculum and the reference resources as far as the racial issue is concerned. Before the singularity of the Brazilian case a country with a slavish background, with serious social unbalance problems, many of them resulting from the racial segregation implemented by that slavish system , this work claims that the preparation of the teachers for dealing with this issue is crucial, since the absence of this preparation leads to the reproduction of the prejudice inside the classroom. This thesis is based on the theory of Pierre Bourdieu on the notion of habitus and symbolic power

Fazer a ponte para a escola de todos(as)

The purpose of this study is to understand what are the matrix elements in which everyday activities of social author/authors, actor/actors and actress/actresses are embedded, in order to carry out the Escola da Ponte s political and pedagogic process (PPP). Thus, the object of this study is to reflect on an experience developed in a public school supported by the Portuguese State within the scenario of institutions that are committed to building up a school of the people by investing in democratization and community participation in their management process. The methodological course of action was targeted at the presuppositions of qualitative research (WOODS, 1999; BURGESS, 1997; MILLS, 1982; OLIVEIRA, 1998; BOGDAN and BIKLEN, 1994; MACEDO, 2000; CASAL, 1996; GEERTZ, 2000), with data collected from random word association (MACHADO and CARVALHO, 2003), the discourse of the interviewed (KAUFMANN, 1996; SILVA, 2006; 2002), observation notes and documents (ELIAS, 1997). Based on a multiple reference and theoretical framework, the investigation revealed elements that are construed as the raw material and pillars supporting the bridge of a school of the people, as well as the self-organization of the school community which emerges as a dimension that binds together all the elements and brings new arrangements into the school dynamics by moving from the individual to the society (DUPUY, 1990). Along this line, the central argument is that in the short and long run the public school quality does not spring from macro educational policies, nor from ephemeral mass-production programs, projects or governmental policies, but from the intent of the professionals working there in becoming authors and characters in the process of building up and carrying out the PPP. The Project has been conceived in the light of the needs and intentionality of the community whose support comes from the participation and social control held by the students families and the community s power to force to action public administration central agencies aiming at having the State fulfill its responsibilities

Uma educação tecida no corpo

In theory say the education as a knot of meanings made in the body. We take as a reference for demonstration of this argument the shows Folguedos, Guarnicê and Flor do Lírio and built within such spectacles cultural, symbolic and aesthetic meanings, which reveal the education woven in the body. Education that can happen not only in the formal space like the classroom or the university, but also in the area of art and the inclusion of individuals in the world of culture. So during the construction of the thesis we reflect on the following issues: what is the construction of culture and art that have in the Parafolclórico group? What way theses shows in their buildings bring significant elements that might compose an educational activity. How objectives sought asking the dichotomies present in the concepts of art and culture; critically systematize a work of artistic, cultural and educational production in the group, in addition to expanding the understanding of education, considering the body experiences. The phenomenological attitude of Merleau-Ponty, is a reference methodology of this study, which places the reference knowledge as a result of our experience in the world, our world lived. Thus, this study considers the experience of the researcher in the three shows in tariff, represented by scenes described, as a dancer and spectator. Therefore we understand that Folguedos, Guarnicê and Flor do Lírio in their artistic, aesthetic and cultural languages, allow many meanings that occur in the body, which invites the perception and extend the experience of the subject, demonstrating an education that allows sight and knowledge, seeking new sensations and experiences, we show our intimacy with the world, with the objects and with the other. The art is understood as virtuality, as a human creation that carries the reality and that allows many readings and experiences, each perception can recognize and know new horizons, having as base and material the culture. This entails the heterogeneous, is not closed but that individuals can interpret it entered and recognize the symbols they created the same way, confirming a unit. The art and culture show us significant evidences of an education woven in the body

Escafandristas do tempo: narrativas de vida e regeneração da memória em São Rafael-RN

In the late 1970s, the semi-arid region of Rio Grande do Norte was the setting of Projeto Baixo-Açu whose highlight was the building of the dam Eng. Armando Ribeiro Gonçalves, designed to collect 2.4 billion cubic meters of water. Presumably, such an initiative would bring economic and social development for thousands of potiguares who suffered the hardships of drought. However, the dam would reach several cities in the region, reaching to cover one of them: São Rafael. As a result, the early years of the 1980s, nearby, a new town was built by DNOCS. This thesis aims to discuss how the population of São Rafael recalls this fact and reconstructs its history by speaking, writing and computing, after three decades. Based on the prospect moriniana method as a strategy, visits were made to the city of São Rafael and open interviews (individual and collective) with two groups of subjects: one composed of those who lived in their ancient homeland, and another, with young people who were born in the new city. Besides the reports of these subjects, they were observed the visual narratives presented by images, mostly photographic, available on a profile created for the city in the orkut social network. As sources for this study, they were also considered the dialogues between rafaelenses accessing the above profile. Having as a central observation by Edgar Morin about what does not regenerate, degenerates . This study is the central argument that the idea of orkut has performed, today, a dual and interdependent role: being a tool that promotes a collective intelligence through cooperation, exchange of ideas and reconstitution of visual and written narratives. Far from a frozen conception in a historical perspective, it has defended the thesis that orkut has regenerated, repaired, reproduced, restored, reorganized and renewed the memory and history of a city that has succumbed to the immensity of the waters of a dam for almost thirty years

Custo social de oportunidade na trajetória de acesso ao ensino superior: o caso dos ingressantes na UFRN nos vestibulares de 2006 a 2010

Access is a problem of higher education in Brazil that has existed since the formalization of this has occurred since the installation of the Portuguese court in Brazil in 1808. Only 10% of young people between 18 and 24 years of age attending this level of education in 2000, arriving in 2010 just 15%, far from that determined the National Education Plan in 2001, triple that percentage by the year 2010. In addition, a majority of seats of public HEIs is populated by students from the private network, especially in high-demand courses. In this context, this study aims to identify the costs related to the trajectories of students who were successful in the vestibular UFRN editions from 2006 to 2010. Presents an overview of higher education in Brazil, a brief history of vestibular, as well as new forms of access, and some of the policies to expand such access, highlighting the argument Inclusion UFRN. Focusing on the theme of the paper presents the concepts of opportunity costs and social. After collecting data through a questionnaire and consultation of databases COMPERVE was developed to search for a descriptive and analytical, with the participation of 3,995 students, of whom 1642 (41.1%) had completed secondary education in schools public, and 2,078 (52%) in private schools. The profile indicates that 90% are single, about 50% are 21 years of age, are white and female. In the course of preparation for college entrance exams, 80% chose the course during or after completion of the last year of high school, and almost 70% said they had started preparing at that time. Findings related to the costs involved with this preparation indicate that, in most cases there were school fees and disbursements and workshops, and the purchase of books and other materials, with parents primarily responsible for this cost, the amount disbursed each month was up $ 300 for 64% of respondents and only 7% of them exceeded $ 1,000, the major non-financial costs were characterized by the following resignations: job opportunities (24%) or temporary work (20%) courses of languages (26%), leisure activities (48%), leisure travel (43%), and parties and / or shows (54%). Of social investments by the government, stand out in the tax waiver scholarships for study in private institutions, grant exemption from the registration fee of vestibular, the preparatory courses UFRN, and seminars by COMPERVE / UFRN with networks of high school. From the junction of the opportunity costs (private costs) and social costs (public costs), a new concept: the social opportunity cost, which measures the combined efforts of families and government to finance the opportunity to access higher education of an individual. This concept can and should be incorporated as a strategic vector for the sake of democratic university, which reflects the social model that is sought

Ingressar na ufrn: trajetórias escolares e universitárias de estudantes egressos da educação básica da rede pública

On the beginnings of the XXI century the brazilian universities was claimed by the Government and by the society to rebuild your ways of selecting students. Many questions are behind this theme, that goes since the concernings of the higher education institutions about select and graduate students, and now also students from disadvantaged sectors of the society; but also about personal issues, like concerns of the everyday of millions of youngs that integrates the brazilian society and that need to decide about your professional future after the finish of the Basic Education. The present thesis has as objective analyse the processes of the transition between the Basic Education and Higher Education on the point of view of students that achieved a place on the public university. This study was accomplished on the Federal University of Rio Grande do Norte [UFRN on the original language], that implemented an Access and Social Inclusion Policy (PAIS [on the original language]) on the year of 2003, and since than a series of social actions had been developed. Among the main, we highlight the Inclusion Score action, an adicional score [on the entrance selection exam] for graduated students from public schools, which considers social and economic criteria and the academic development of these candidates on your Basic Education. Through quizzes and interviews with the graduated university students from public network, we could know the social, economic and academic profile of the students that entered on the UFRN by the time of the development of your PAIS, your schools and university trajectories, revealing some of the dilemmas, strategies, difficulties and personal cost of those that try to remain on the educational system besides the adversity conditions of schooling. For the theory foundation, we use authors like Bourdieu (1992, 1996, 2003); Coulon (1993, 2008); Ramalho (2004, 2007, 2008, 2010); Ramalho, et al (2011); Charlot (2001, 2003, 2005); Zago (2011); Nogueira, Romanelli e Zago (2011), among others, that contributed for a better analysis and understanding of thought and actions of the students in your own formative trajectories. Although we know that the educational inequalities are many, we found that the UFRN policy brought and is bringing many significant results, on the perspective of contribute with the increase of access for graduated students from the public network, and with the inclusion of these on the university

Educação do campo e alternância :reflexões sobre uma experiência na Transamazônica/Pará

The study theme is the Rural Familiar House Program (RFHP), through the Rural Familiar House of Uruará-PA city (URFH), from 2000 to 2005. It is considered as base the education offered to the field young people, in the modality of basic education by alternation methodology between the Familiar and School Times in the two first from 5th to 8th grade classrooms. From the argument about the understanding importance and need of knowledge transmission and construction to be established in the inter-section between general references of the social reality and the subjective ones. It constitutes an educative work that both values domain of knowing and the creative capacity of each pupil. Considering that the greatest aim of the education is the human being emancipation, this thematic for the development of the documentary and field research was defined with the delimitated thematic for the educative practice-proposal in alternation, choosing the Program of the RFHs as the reference to carry out an analysis which considered fruitful in the articulation between education and educative work. This study had the objective to contribute for the debate concerning the alternation and to understand presuposals and educative practice of the RFHs what its importance for the young people and its relation with the field educational policy. For this, it was used, mainly, from analytical references of authors, such as Williams, Gramsci, Adorno, Freire, Shiva, Soares, Molina, Tonet, et. all, all were also important for the construction of this work. The studied documentary sources, as well as the verbal ones the actors also interviewed had allowed, in irreplaceable way and significantly, a critical analysis on the pedagogical proposals and the articulation among school, familiar work and education, which was carried out in the formation of URFH, the sessions of alternation between Time School and Time Family. The results are scored with the chapter construction, as they had presented themselves in several sources and the reading which was made. A reading that signals for the affirmation which is possible to overtake the emphasis on technicality, mediated in the practice-theory-practice relation, still present in the alternation, and, thus, to be able to make an educative work that intends to contribute for the young people education with capacity of being, thinking and to act actually as subjects of their history

Guiando almas femininas: a educação protestante da mulher em impressos confessionais no Brasil e em Portugal (1890-1930)

This paper treats confessional printings as a non formal space for the female education. It reflects on the importance of the woman s role to the diffusion of Protestantism in general, and its Presbyterian trend in particular, besides commenting on the proliferation of printings at the First Republic and its relation with education. In this study, Brazilian Northeastern is seen as a relevant space to the diffusion of Protestantism in Brazil; especially on what concerns the relations between Rio Grande do Norte and Pernambuco. Thereby some fountains were fundamental, as the confessional printings, that is, newspapers, magazines, prospects and other materials recollected in archives located in Natal/RN and Recife/PE, and São Paulo. It was also provided a brief incursion on Portuguese confessional printings kept in Oporto, PT. New Cultural History was chosen as theoretic-methodological guide, franchising ways inside the history of book and reading with the help of concepts like Interdependence, Social Configuration (ELIAS, 1993, 1994) and Representation (CHARTIER, 1990), considering that the survey worked out culture-manufactured products that is, intentional materials. It is well known that publishing, or better, the dissemination of printed material used to be associated to Protestants missionary practices since Reform began and, as what concerns the investigated period, in Portuguese and Brazilian lands indistinctly. Printing material in general books, booklets, fragments, as well as the press itself played a central role in divulging reformed ideas, their social options and the means of being and intervening in the world. In this regard, the confessional printings established themselves as an educative, although non schooled, informal space, but, all considered, relevant, seen that they dialogue with another important demand of that social group: formal, literate education. Because it dealt with the diffusion of a printed culture supported by the written word, it required of that group a different modus operandi: formal education. The first letters schools at first, then the high schools later represented spaces established for the circulation of printing material in order that they should be read, divulged and comprehended. This survey intends at last to take a look at Protestantism which, in this context of self-affirmation, reserved a specific place to woman by working out a non formal educational proposal disseminated by printing material. Three models were highlighted in the reformed proposal: Christian education in itself, household education, whose references of motherhood and care towards the neighbor were present and, at last, education to the public space, with emphasis on the practice of teaching. This study also offers a brief dialogue between Brazil and Portugal because, when some periodic printing, book or something like that got to be published in one margin of the Atlantic Ocean, the other margin surely was affected by that feat, received it, divulged it, corroborating the argument in support of the circulation of these printings. It was not only the same language that survived in both maritime coasts; some protestant specificities also crossed out along that sea